HBA-JEK, CCH H.B. 1279 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1279
By: Coleman
Public Health
7/9/2001
Enrolled



BACKGROUND AND PURPOSE 

The 72nd Legislature enacted legislation relating to the regulation of
asbestos removal from public buildings through the Texas Asbestos Health
Protection Act.  The Act exempted persons performing  resilient
floorcovering removal consistent with work practices published by the
resilient floor covering industry or approved by the commissioner of health
from the licensing and registration requirements. Violators of this
provision were subject to a civil penalty not to exceed $5,000, whereas
violators of the other provisions of the Act were subject to a penalty not
to exceed $10,000 a day for each violation.  House Bill 1279 repeals the
separate limitation on civil penalties for violating the exemption
provision and increases the minimum amount of training that a person who
removes resilient floor covering material must have completed. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1279 repeals law limiting to $5,000 the civil penalties
associated with a violation of the provisions exempting persons performing
resilient floor-covering removal consistent with work practices published
by the resilient floor covering industry or approved by the commissioner of
health from the licensing and registration requirements of the Texas
Asbestos Health Protection Act.  The bill provides that a person who
removes resilient floor covering material must have completed a training
course covering such work practices for a minimum of eight hours rather
than a training period not to exceed eight hours. 
 
EFFECTIVE DATE

September 1, 2001.